Legal Code of Austro-Bulgarian Hugermany
The 'Legal Code of the Empire and Kingdom of Austro-Bulgarian Hungermany '''is a governing document which dictates the criminal and civil laws of the Empire and Kingdom of Austro-Bulgarian Hungermany. It is derived from the provisions of the Imperial Charter of Rights and Freedoms of Austro-Bulgarian Hungermany, and serves as an overarching system of laws which apply to both citizens and the Imperial Government. The document is given its power from Chapter 1 Article VI of the Imperial Charter. It was crafted in 2015, primarily by the current Emperor-King Karl Brandenburg. Trial By Jury As dictated by Chapter 1 Article V of the Imperial Charter of Rights and Freedoms of Austro-Bulgarian Hungermany (known colloquially as the Civil Constitution), all citizens are guaranteed a right to trial by jury. A jury in this sense is defined in two ways: (a) A General Jury of six citizens, and (b) the opinion of the Emperor-King. As defined by both Chapter 1 Article I and Chapter 2 Article I of the Civil Constitution, the Emperor-King holds jurisdiction over the affairs of the Imperial Government. Since the Supreme Court is a function of the Imperial government as outlined in Chapter 2 Article I, the Emperor-King holds rightful jurisdiction over its practices. In addition, as defined in Chapter 1 Article V, the Emperor-King can call any case to the Supreme Court at any time. Therefore, in practice, the Emperor-King can summon any case to the Supreme Court, and his opinion is the highest regard as to which the Supreme Court can rule. Thus, (b) the opinion of the Emperor-King remains the more powerful of the two jury definitions. Supreme Court Also outlined in Chapter 1 Article V of the Civil Constitution, the Supreme Court of Liberty, Justice, and Prosperity is defined as the highest court in the empire. There are four types of cases that are always heard by the Supreme Court: # Crimes against the Emperor-King (punishable by summary simulated execution by firing squad) # Crimes against the State (punishable by simulated execution) # Crimes against Peace and Prosperity (punishable typically by simulated execution, but bribes are accepted) # Crimes against the Civil Constitution (punishable by a fine not exceeding 200ℬ) The Supreme Court contains nine judges. Six are appointed by the Emperor-King and three are appointed by the Royal President. However, the Emperor-King can dismiss at any time a judge that he or she feels is not acceptable. Also defined in Article V is the ability for the Emperor-King to summon any local case to the Supreme Court at any time. Punishment & Repatriation As also seen in the Provisional Territories of the F.A.R.T., Austro-Bulgarian Hungermany operates a form of punishment known as simulated execution. In the Legal Code itself, simulated execution is given as a possible punishment for three crime categories, but it is unclear what the practice entails in the ABHG. Most likely, it would involve a firing squad of Nerf guns, but, due to the fact that no one has been executed yet, the aftermath for said criminal is unknown. Other punishments include fines between 1 and 200 Brandenburg rubles, or brief imprisonment in the Federal Prison, typically only for terms of 20 minutes or less. The ABHG is also unique from most countries as it provides a clause in the legal code which allows bribes as a safe and legal form of repatriation for a criminal or civil offence. A bribe can be offered in a monetary or service-based form for any crime, and it is up to the designated legal official to determine whether or not the bribe is to be accepted. A sentence is considered to be served when (a) the offender is executed in a simulated fashion, (b) the offender pays a designated fine, © the offender serves a designated prison term, or (d) a legal official accepts a bribe through legal bribery methods. The only time this does not apply are when the court orders an additional form of repatriation, such as community service or probation. Community service is defined as a form of civil service toward the state and/or its citizens for a time not exceeding two hours, and probation is defined as increased surveillance of a citizen after the service of his or her sentence for a time not exceeding one day. Once a citizen has served his or her sentence and/or additional requirements, he or she regains all legal rights except in the case of simulated execution, where rights may be temporarily decreased. Criminal Code High Crimes ''These crimes are always heard by the Supreme Court. Many of them can invoke simulated execution, and they are considered the most serious of all crimes in the ABHG. * Crimes against the Emperor-King (punishable by summary simulated execution by firing squad) ** Actual or attempted murder of the Emperor-King, excessive disparagement of the Emperor-King, attempted or actual physical or emotional injury of the Emperor-King * Crimes against the State (punishable by simulated execution) ** High treason, attempted or actual murder or injury of the Royal President and other Imperial Government officials, War Crimes, violation of the military code, espionage * Crimes against Peace and Prosperity (punishable typically by simulated execution, but bribes are accepted) ** Tax evasion, draft dodging, excessive protest of the Imperial Government, inciting a riot, grand larceny, theft from the treasury, extortion of government/legal official * Crimes against the Civil Constitution (punishable by a fine not exceeding 200ℬ) ** Violation of any of the provisions granted to citizens by the Imperial Charter of Rights and Freedoms of Austro-Bulgarian Hungermany Lesser Crimes These crimes are usually heard by a Local Court before being heard by the Supreme Court, if necessary. It is also acceptable for a legal official to extend a temporary sentence for these crimes until the trial is begun. None of these crimes are capital, unless the Emperor-King wills it so. * Crimes against one's well being (punishable by imprisonment or fines, with possibility of additional provisions) ** Attempted or actual murder, injury, assault, battery, or serious threat to another's safety * Crimes against property (punishable by imprisonment or fines, with possibility of decreased additional provisions) ** Theft, burglary, breaking and entering, arson, vandalism, property destruction, extortion * Misdemeanors against peace and prosperity or the Civil Constitution (punishable by brief imprisonment or fines) ** Lesser versions of these high crimes * Misdemeanors against one's well being or property (punishable by brief imprisonment or fines) ** Lesser versions of these lesser crimes * Various infractions or other lesser misdemeanors (punishable by fines only) Civil Code A civil court is a court designated to solve a disagreement between two or more parties. Usually this disagreement will begin in the form of a lawsuit. Any citizen can sue another citizen for disagreements pertaining to civil discourse, injury, or monetary values of 3ℬ or higher. The plaintiff can sue the other party for any monetary amount, but the court will ultimately determine this value. A party, in this case, is defined as an individual, family, group of individuals, business, or organization within the ABHG. The defendant and the plaintiff must meet before a judge and jury to determine their case. The outcomes of a case can either be dismissal, settlement, or full payment. If in fact a suit was filed in an inaccurate or fraudulent manner, a counter-suit can be filed by the defendant. As in criminal cases, the Emperor-King can call a civil suit to the Supreme Court and his opinion can be considered as a jury. Legal Practice A citizen from Austro-Bulgarian Hungermany can become an attorney after passing the ABHG Bar Exam, which is a ten-question, open book, multiple choice test about the rules and laws of the nation. A republic can also issue additional requirements. This examination can be taken at a government office or at a local university. After one's passing of the Bar Exam, a new lawyer has his or her accomplishments reviewed by an Imperial Council and is then bestowed the Anointment of Practice of Law by the Emperor-King. The Anointment of Practice of Law acts as a license for one to represent a citizen in the court of law. Local Courts and Juries Local Courts are courts below the level of Supreme Court. These courts can represent one republic, multiple smaller republics, or a province or city within a larger republic. They function in the same way as the Supreme Court when ruling on cases, however, they also use a General Jury of six citizens. These citizens are collected at random by a government system to serve jury duty in the event that a nearby trial arises. If the Emperor-King calls the case to the Supreme Court, the Local Court will transport those involved to Western Province, Malvaria, where the Supreme Court operates. As always, the Emperor-King can dismiss or replace a member of the jury, and he can also assume the role of the jury itself. Law Enforcement There are three tiers of police that are given the right to enforce law in Austro-Bulgarian Hungermany. Currently only the Imperial Police are in operation since the Republic of Malvaria is under direct Imperial control and the Republic of Omastadt only has two citizens, thus not requiring Provincial or Municipal forces. Imperial Police The Imperial Police comprise all police forces that operate independently of the republics. * Secret Police ** A small, centralized police force that operates under direct control of the Emperor-King. They are not required to wear any identifying equipment and they are given the authority to perform summary simulated executions in certain situations. They also serve as a ''de facto ''secret service for the protection of the Emperor-King, Royal President, and other governmental entities. * Royal Armed Police ** A specialized police force under the control of the Royal President. This police department serves to investigate the goings-on between government officials and administrators, whether they are at the imperial, republican, or local level. * Imperial Armed Police ** The general state police of the entire nation. These officers generally operate as would any other police force, but they are under the control of the Imperial Government rather than local or provincial forces. * Cultural Safety Administration ** A widespread law enforcement body controlled by the Emperor-King, Royal President, and State Directorate (currently of the Imperial Party). These police represent the cultural interests of the nation, execute judgement of behavior when applicable, and promote certain cultural trends. Provincial Police The Provincial Police are any police forces that operate at the republican level. These police forces operate under the control of the governors of republics, but their respective chiefs are to meet on occasion at the National Provincial Law Enforcement Conference. Municipal Police The Municipal Police are any police forces that exist at the municipal or local level within larger republics. Category:Austro-Bulgarian Hungermany